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Can injuries from falls due to a connected back condition be considered secondary?
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Shelly.,
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
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Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
Shelly.
Hello, new here and not sure if I'm posting this in the correct forum...
My husband (who gave me permission to post this) is currently rated at 20% for Degenerative Arthritis of the Spine. Since that initial rating several years ago his condition has gotten a lot worse and will be going in for an increase with additional diagnosed disabilities that have not yet been connected. I have a question though, due to his worsening condition (pretty bad drop foot in his right leg and drop foot in left leg) he has fallen several times even though he wears leg braces. Can his shoulder, knee and elbow conditions be linked as service connection because of them being injured from his falls if we cant link them to service? We do have several pictures of pretty severe brusing and scrapes / skin tears on his elbow, legs, and face from his falls. Below is information that we have gathered from a portion of his VA medical records.
Current Rated Disabilities
• Degenerative Arthritis of the Spine (20%)
• Tinnitus (10%)
• Scars (0%)
• Impaired Hearing (0%)
Non-Rated Diagnosis (noted in VA medical records)
• Foot drop – left & right foot “due to acute disc condition”
• Severe obstructive sleep apnea
• Posterior horn medial meniscal tear, left knee
• Medial epicondylitis, left elbow
• Bone spurs, neck & heels
• Plantar fasciitis
• Other intervertebral disc degeneration, lumbar
• Ulnar neuropathy
• Unspecified abnormalities of gait and mobility
• Insomnia disorder
• Depression
• PTSD
• Cervical radiculopathy
• Multilevel disc herniations “likely causing some radicular symptoms”
• Radiculopathy & thenar atrophy, left hand
• Spinal stenosis / foraminal stenosis C4-C5 & C6-C7
• Atrophy of the 1st dorsal / palmar interossei and thumb adductor
• Hiatal hernia
• GERD
• Rotator cuff tear / rupture
• Prostate cancer
• Erectile disfunction
Surgeries
• Three lower back surgeries
• Two shoulder surgeries, left & right (complete rotator cuff tear or rupture of right shoulder, not specified as traumatic) “Progression of pain and chronicity of symptoms is consistent by his history with his injury in 1996”
• Ulnar nerve surgery, elbow
• Knee surgery (left) posterior horn medial meniscal tear – “Progression of pain and chronicity of symptoms is consistent by his history with his injury in 1996”
• Esophageal dilation – Hiatal hernia
Medical Equipment Prescribed
• Prosthetic leg braces
• Cane
• Walker
• Crutches
• Toilet riser
• Shower chair
• CPAP machine
• Tens Unit
• V pulse
• Knee brace (left)
• Wrist braces (left & right)
• Arm sling
• Hearing aids
• Shoe insoles
• Sleep machine
Medications
• Gabapentin – 600mg - one tablet 3 times a day for mood / nerve pain / insomnia
• Buspirone HCL – 10mg - two tablets 3 times a day for anxiety & irritability
• Bupropion HCL – 150mg - two tablets every morning for mood / motivation energy
• Duloxetine HCL – 60mg - one capsule twice a day for mood & anxiety
• Mirtazapine – 15mg - one tablet at bedtime for sleep / nightmares
• Clonidine HCL - 0.2mg - one tablet at bedtime for sleep / anxiety / nightmares
• Lisinopril – 10mg - one tablet at bedtime for blood pressure
• Pantoprazole NA – 40mg - one tablet before breakfast for hiatal hernia
• Atorvastatin Calcium – 20mg - ½ tablet at bedtime
• Megestrol Acetate 20mg - one tablet daily to help with side effects of prostate cancer treatment
• Abiraterone Acetate (Zitega) – 250mg - four tablets daily for prostate cancer hormone therapy
• Prednisone – 10mg - ½ tablet twice a day to support Abiraterone
• Iron - 65MG - one tablet a day for anemia
• Calcium - 500MG - one tablet a day
• Vitamin B-12 - 1000mgc - one tablet per day
• Lidocaine cream
• Naproxen
• Bilateral shoulder injections
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